logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2018.11.28 2018가단2540
손해배상(기)
Text

1. The Defendant’s KRW 4,793,978 as well as the Plaintiff’s annual rate of 5% from January 24, 2017 to November 28, 2018, and the following.

Reasons

1. Occurrence of liability for damages;

A. At around 22:40 on January 24, 2017, the Defendant: (a) 22:40, 2017; (b) plucked the Plaintiff’s fingers; (c) plucked the Plaintiff’s plucked with one arms; and (d) dried up the face, etc. of the bones, which requires treatment for 21 days, and inflicted injury on the Plaintiff (hereinafter “instant accident”); (c) the Defendant was issued a summary order of KRW 150,00,00 (Cheongju District Court 2017 High Court 731) on August 11, 2017, and became final and conclusive as it is, upon having been issued a summary order of KRW 1.5 million (Cheongju District Court Cheongju District Court 2017

3) Meanwhile, around 22:00 on January 24, 2017, the Plaintiff was indicted for committing the crime that the Defendant’s wife C was saved and frighted with two descendants, and subsequently was sentenced to a fine of KRW 1 million on June 11, 2018, and the said judgment became final and conclusive around that time. C filed a lawsuit against the Plaintiff for damages on the ground of assault described in Article 2018 Ghana Branch Court Decision 2018Da51492, supra; and “the Plaintiff shall pay KRW 1.5 million to C” was finalized as it is the purport of the lower court’s compulsory adjustment decision as of September 20, 2018.

B. According to the above facts finding, the defendant is liable to compensate the plaintiff for damages caused by the instant accident.

However, since the Plaintiff provided certain causes to the instant accident, such as assaulting the Defendant’s wife immediately before the instant accident occurred, it shall be considered in determining the amount of damages. However, the Defendant’s liability is limited to 70% by comprehensively taking into account the developments leading up to the instant accident, the details and degree of injury, the relevant case between the Plaintiff and C, and other various circumstances shown in the argument in the instant case.

2. Scope of damages.

(a) Medical expenses: 4,593,430 won (Evidences A through 10);

(b) Limitation on liability: 70 per cent 3,215,401 (=4,593,430 per cent)

(c) Consolation money: 2,500,000 won.

arrow